Breaking into a building or occupied structure is not required for the charge of burglary to apply in Greensburg. State law defines burglary as simply unlawfully entering a building or a structure with the intention of committing a crime once you’re inside. The crime of burglary begins as a felony in Pennsylvania, and the degree that applies is weighted heavily by the kind of structure involved and whether or not it’s occupied. In other words, burglary is a serious charge that you should take seriously. Charged with burglary? Our experienced Greensburg burglary lawyer at Andrew F. Skala, Esq., welcomes the opportunity to help.
You Entered the Building Unlawfully, and You Intended to Commit a Crime
When you break down the crime of burglary, the only requirements are the following:
- You entered virtually any kind of building or structure when you didn’t have the legal right to do so.
- You entered the building with the intention of committing virtually any crime.
This highlights how broad the charge of burglary is in Pennsylvania. You should also know that actually committing a crime inside the building isn’t necessary for the charge to stick.
Proving Intent
Because the state cannot read your mind, the prosecution can’t prove what your intention was prior to or while unlawfully entering a building. Instead, they turn to context clues in the form of evidence. The kind of evidence that is often used to demonstrate intent includes the following:
- Evidence that demonstrates you entered the building forcibly
- A pattern of prior bad acts on your record
- Statements made to others or other forms of communication with others regarding the crime
- Your behavior, such as being caught on video sneaking around like a cat burglar
- An attempt to actively hide from law enforcement
If you committed a crime inside the building, that will also do the trick.
The Three Levels of Felony Burglary
Every burglary charge is specific to the circumstances that apply, but there are several basic qualifiers that determine the severity of the charge.
Third-Degree Felony
A third-degree felony burglary conviction carries up to 7 years in prison and fines of up to $15,000. This charge generally applies when no harm is caused, and the building in question is an unoccupied structure, which means it’s not intended for overnights.
Second-Degree Felony
A second-degree felony burglary conviction carries a prison sentence of up to 10 years and fines of up to $25,000. This again involves entering an unoccupied structure with the intention of committing a crime, but without the limitation of not causing harm.
First-Degree Felony
A first-degree felony burglary conviction carries up to 20 years behind bars and fines of up to $25,000. For a first-degree charge to apply, the building must be occupied, be a home, or be a structure that is adapted for accommodating people overnight.
Don’t Wait to Consult with our Experienced Greensburg Burglary Attorney
Andrew Skala is our formidable Greensburg burglary lawyer at Andrew F. Skala, Esq., and he dedicates his impressive practice to fiercely advocating for optimal case outcomes on behalf of our valued clients. Learn more about what we can do to help you by contacting us online or giving our firm a call at 724-493-9044 today.